How to Analyze State Sovereign Immunity under the 11th Amendment on a Constitutional Law Essay

Поділитися
Вставка
  • Опубліковано 27 вер 2024

КОМЕНТАРІ • 39

  • @sordidC
    @sordidC 5 років тому +5

    The plain language you use, like Mr. Baez has helped me gain more confidence to even study for the bar exam. When I initially began doing it this way using Feynman technique then diagrama then explaining it simply, my professors kept telling me I was wrong in class and I got laughed at. Then if I answered a question on a test that way...miraculously it was correct. The gaslighting made my grades hover at C and Bminus. But the bar matters. Thank you so much. To anyone watching and not yet graduating, follow this channel or Baez. Keep your head down and don't worry about so much participation unless you're looking for an internship. Know the law. When you pass the bar start your own firm.

  • @wyattreinke1538
    @wyattreinke1538 5 років тому +4

    I'd love if you posted all the Constitutional Law videos.

  • @Purebredbrute
    @Purebredbrute 4 роки тому

    Fun Fact! I met your wife! Small world! Keep these videos coming, they’re incredibly helpful!

  • @Brenda-xv2he
    @Brenda-xv2he 4 роки тому +7

    im shook that u haven't posted the rest of the con law videos

  • @TheCooopersmith
    @TheCooopersmith 5 років тому

    These videos are so incredible. If I only had these while I was still in law school...

  • @christiansantos7164
    @christiansantos7164 3 роки тому

    Thank you!!! Going after the city manager to compel them to do what’s right!

  • @turcorox911
    @turcorox911 3 роки тому +1

    Do more constititutional law vids, please. I'd like vids on equal protection, fundamental rights, and the 1st amendment

  • @LindsayLane8
    @LindsayLane8 5 років тому +2

    You're my guardian angel. Bless you!

  • @notsure8800
    @notsure8800 2 роки тому

    This is why the people to to establish common law courts with a common law grand jury. Individual vs. individual no corporations..no judges.

  • @aaronm2743
    @aaronm2743 3 роки тому +7

    Why can my professors never explain anything this easily? You make everything so understandable. Thank you, sir!

  • @yevgeniyzharinov7473
    @yevgeniyzharinov7473 8 днів тому

    What if you are suing a state official in his official capacity for injunctive relief? Is that barred?

  • @mikec9880
    @mikec9880 5 років тому +1

    Where could I go to request certain subjects? I was wondering if you were going to cover property at any point. Contracts was very helpful last semester! Thanks man!

    • @studicata
      @studicata  5 років тому

      No problem, happy to help! If you share your experience using these videos, you can get free access to our upcoming, premium video courses. Visit this link to learn more and get started: bit.ly/successSTORIES

  • @bobbyg2241
    @bobbyg2241 2 роки тому

    Hey Michael thx man. I'm in it for my freedom. I don't want to be a slave anymore. Can you point me somewhere. Quasi judicial system is harsh. How do you demand for proof of contract? I know it's under duress. But how do I demand disclosure? Thx. Gotta go back to work 😔

  • @obimonye6706
    @obimonye6706 5 років тому

    Do you have a video for Property real
    Property to be specific?

  • @crackerjax4330
    @crackerjax4330 4 роки тому

    I am reading that you can not consent to jurisdiction. “The parties cannot waive lack of jurisdiction, whether by express consent, or by conduct, or even by estoppel.”
    Sosna v. Iowa, Jackson v. Ashton. The rule is said to be “graven in stone” and “enforced with draconian zeal.
    Also Di Frischia v. New York Central R. Co.
    Price v Greenway and especially
    Ferguson v Neighborhood Housing Servs. of Cleveland, Inc “where court said in lengthy dictum that while a party cannot consent to jurisdiction, it can admit a fact and that fact creates federal subject-matter jurisdiction.” Similar view is advocated in Marshall, The “Facts” of Federal Subject-Matter Jurisdiction
    But sounds like consent is a no go.

    • @studicata
      @studicata  4 роки тому +1

      Interesting thought! I think you're confusing subject matter jurisdiction with state sovereign immunity. Litigating parties cannot waive their objection for lack of subject matter jurisdiction under the Federal Rules of Civil Procedure. However, a state may consent to a lawsuit thereby waiving its 11th Amendment immunity. See Gunter v. Atlantic Coast Line R.R., 200 U.S. 273, 284 (1906); Smith v. Reeves, 178 U.S. 436 (1900); Murray v. Wilson Distilling Co., 213 U.S. 151, 172 (1909); Graves v. Texas Co., 298 U.S. 393, 403-04 (1936); Great Northern Life Ins. Co. v. Read, 322 U.S. 47 (1944).

  • @PGJ326
    @PGJ326 5 років тому

    Hi Michael, two questions, I have trouble understanding the taxpayer standing, do you have a video for it? and second, do you have a video with a general approach or outline the essay and MPT questions. I am taking Texas bar exam next February. Thanks

    • @davidmohrmann5922
      @davidmohrmann5922 5 років тому

      Taxpayer standing is relatively straightforward. A taxpayer has standing to (1) dispute the amount he/she owes on a tax bill and (2) can file suit based on the Establishment Clause only (ie tax payers money was issued to a religious entity. Lemon balancing test applies on whether the government's expenditure creates an excessively entangled relationship with the religious institution)

    • @PGJ326
      @PGJ326 5 років тому

      @@davidmohrmann5922 thank you so much, you really have a solid course.
      I would like the Texas exam to be within your courses, the essays are always a bit complicated. I'm sure that with your methods applied to Texas's exam would be an invaluable preparation. ;)

  • @mikejohnson7735
    @mikejohnson7735 5 років тому

    Hi, your lectures are clear but you speak too fast. Could you please speak slowly.

  • @HY1721
    @HY1721 3 роки тому

    Sovereign immunity should protect your own country and nation. Don*t focus on the plaintiff only.

  • @Purebredbrute
    @Purebredbrute 4 роки тому

    Fun Fact! I met your wife! Small world! Keep these videos coming, they’re incredibly helpful!

  • @socalhouses
    @socalhouses 5 років тому +6

    Hi. I only see two lectures on Constitutional Law essays. Do you have more that I cannot find or only two?

  • @bobdeal6286
    @bobdeal6286 Рік тому

    Is there examples where a State. Looses immunity. Do States have immunity if they violate civil rights ?

  • @eliazruis4761
    @eliazruis4761 Рік тому

    The 14th amendment allows congress to override the 11th amendment.

  • @studicata
    @studicata  5 років тому

    🚨 SPECIAL OFFER: Want to crush law school finals, rack up scholarship $$$, pass the bar exam, and practice law like a BOSS? Take the LEAP. Get started today for free at: www.studicata.com/leap

  • @elizabethcasanas3368
    @elizabethcasanas3368 5 років тому +1

    Thank you for these videos!!!! Sooo helpful!!

  • @SweetCicely
    @SweetCicely 4 роки тому

    What if the private agency CEO is the state governor. Federal district court is stating the private agency has immunity but how are they bar by Amendment 11th when it’s a private agency? What do I do?

  • @ashgiri94
    @ashgiri94 5 років тому +1

    Hi Michael, I have been very helped by these videos, and have taken your injunction to study by doing practice essays to heart. My question is: how should one learn the law by doing practice essays if model answers are not available? Thanks.

    • @studicata
      @studicata  5 років тому

      I'm glad the videos have been helpful for you! You absolutely need some type of explanation or model answer to learn from your mistakes and improve. Your bar review company should provide model answers or explanations for all of your practice essays.

  • @marksman9249
    @marksman9249 3 роки тому

    HI Studicata, so if the defendant is a state official and the action is otherwise barred by the 11th amendment, but the state official will be liable personally for the monetary damages then action will NOT be barred am I right?

  • @ginaaliberti2945
    @ginaaliberti2945 2 роки тому +1

    Great video, thanks!

  • @rickscott6707
    @rickscott6707 5 років тому

    Waiver on tort. The Bond is the Case Number. The judge is the UNDERWRITER- There is a 1099a attached to those bonds

  • @komaljeetkaur7199
    @komaljeetkaur7199 3 роки тому

    Best explanation of the 11th Amendment! My law school never expanded on this, and the Barbri just grazes over it. I would be so confused on when to discuss 11th Amendment or not I would just throw it in my Con Law essays if they talk about justifiability. The only reason I am here and even diving deeper into it is because I have read it multiple model answers and still don't get when and how to analyze it. This video has helped me immensely understand the big picture. I'm still unsure if a city action or a school action would be a state action or not similar to your TX DMV agency example? That is what I need to work on. Thank you for all the visuals and focused lectures. Hopefully I pass this time if not I will definitely be signing for your paid bar prep program as I love your videos/lecture more.

  • @halaalkattan6373
    @halaalkattan6373 4 роки тому

    please add more videos